Revolutionary War Pension and Bounty Land Warrant Application File S. 31027, Daniel Fink, Va.

SERVICE
NUMBER
va
Fink, Daniel
S. 31027
CONTENTS

234.18
Certificate issued in the name of David
Certificate sent back for correction & new one issued in the name of David instead of David Shunk & sent to Appl t at Maysville 20 th March 1834
Kentucky
David Shunk
of Lewis Co in the State of Kentucky who was a private in the Co commanded by Captain Skidmore of the Regt commanded by Col Nelson in the Va line for 7 months
Inscribed on the Roll of Kentucky at the rate of $3 Dollars 33 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 8 day of Jan 1834 and 24 th of Feb y  Washington City
Arrears to the 14th of Sept 58 33 Semi-ant. allowance ending 4 March 11 67 $70.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Dan Boyd Clerk Book 8 Vol. 7 Page 9

Feb 13 1870. Frick Daniels Declaration
for a Pension granted in open Court Sept. Term 1872. & ordered to be Certified &c.

Commonwealth of Kentucky Lewis County
On the 26 th day of September 1832 personally appeared in open Court before William P. Robson the judge of the Lewis Circuit which is now Sitting, Daniel Fink a resident of Lewis County in the State of Kentucky aged seventy six years, who being first duly sworn according to law, oath in his oath — (the following account in or and to obtain the benefit of an act of Congress passed June 7 th 1832. He states that in May 1777 he removed on the west fork of the Muncingahela in Harrison County — in the State of Virginia, and the Muncingahela being — very troublesome and he volunteered his services as a ranger against the Indians and in May 1777 he was sworn in as a spy and served as a spy — until the first day of December following. During this time he served as a spy and ranged on the Muncingahela, Teights Valley and — on the little branch away around Mt. face fork in Teights Valley and Mt. face. During the time he was a spy he served with Colonel Benjamin Nelson and Captain John Stewart. He first served with Charles M c G who was accidentally killed by John Branch, and he afterwards served with Elijah Stuart who served with him during the balance of his time, and after he ceased to

to be as I say he continued in the service as a garrison rifle and ranger until the end of the war not as a regular but as a part of the neighboring force retired. He had one brother there at the time who was by the means near Buckingham for he was in no engagement himself. He has no documentary record of his service and knows of no person by whom he can prove his service. He was born near Frederick town in Maryland the 15 th day of December 1756 but he has no record of his age. His age was recorded in his father's Bible which his brother Henry got and he died in Springfield Ohio. He remained in the west part of Virginia until about the year 1787 or 8 or 9 when he removed to the State of Kentucky and settled in Madison County and has continued to reside in Madison County and Lewis County and since. He had a written discharge as a spy but has been since 1808. He is well known by William B. Paxton Esq. John H. Webb Esq. Sam Menden Esq. William Davis of his neighborhood, who can testify as to his character for veracity and good behavior and that he is entitled to have been as a spy and soldier of the revolution. He had hereby relinquished any claim whatever to a pension or annuity except to the present, and declares that

his name is not in the Pension roll of the agency of any state, he is in poverty and straitened circumstances and would have subscribed to a pension had one been offered to him.
Yours respectfully F. B. Parker
Mr. Miller and B. Parker and William Davis residing in the County of Lewis and State of Kentucky hereby certify that we are well acquainted with Daniel Fink who has subscribed an oath to the above declaration. That we believe him to be seventy six years of age. That he is respected and believed in the neighborhood where he resides to have been a soldier and spy of the revolution, and the bearer in that opinion W. B. Parker.
William Davis The Commonwealth of Kentucky Lewis Circuit Court. Sept. 3 September Term 1832
At the September Term of the Lewis Circuit Court, the following order was made on the production of the foregoing declaration for it -
“Daniel Fink, of Lewis County, this day produced in open court his declaration under the act of Congress passed June 7 th 1832. and swore to the same - accompanied by the affidavits of William B. Parker, and William Davis, also sworn to in open court - And the Court do hereby declare the opinion after the investigation of the matter, and after putting the interrogatories prescribed by the war department, that the above named applicant was a Revolutionary Soldier, or Indian Spy, and served as he states - And the Court further Certifies that it appears that William B. Parker, and William Davis - who has signed the Certificate annexed to said declaration”

Declaration - are resident Citizens of the County of Lewis, and are Creditable persons, and that their Statement is Entitled to Credit - which is ordered to be Certificed to the War department -
Copy Test Joseph Robb Clerk, L. Ct. Comt Lewis Circuit Court, Ky.
I Joseph Robb Clerk of the Lewis Circuit Court do hereby Certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Daniel Kirk, for a Pension -
In Testimony whereof, I have hereunto set my hand and affixed the seal of office for said Circuit Court the 2nd day of October in the year 1832, & in the 41st year of the Commonwealth of Kentucky -
Joseph Robb Clerk

13.770
Daniel Smith Kentucky
for private of Mort. $23. 33 / 100
can only allow as above
J. T. Hord Washington Mason Co. Tenn.

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of Daniel Fink ,
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.  
The applicant's claim as a garrison keeper cannot be allowed. If he performed any tours as a volunteer or under a draft they should be stated. His first tour as a spy for seven months will be allowed.
Nov 3. 1833
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of } On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d), with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must fix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

31 027 INVALID.
File No. 31.027
Daniel Hink
His Rev War
Act: June 7 th 89 th
Index:—Vol. 2 , Page 138
[Arrangement of 1870.]

Payments to be made at Lexington by Pres t of W m B anks Agent for paying Pension- ers, in the Agency of New Y r .
Recorded in the Pension Of- fice, in Book 8 Vol. 7 Page 9 by Sam l Boyd Clerk.

WAR DEPARTMENT.
REVOLUTIONARY CLAIM.
I certify that, in conformity with the law of the United States of the 7th June, 1832, David Fink of the State of Kentucky who was a private in the Army of the Revolution is entitled to receive Twenty-three dollars and Thirty three cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March, and 4th of September in every year.
Given at the War Office of the United States, this Eighth day of January one thousand eight hundred and thirty-four
L. Wood
Secretary of War.
Examined and Countersigned. }
J. Edward
Commissioner of Pensions.

FREE
The Noble Lewis Eads
Century at 1000
Washington City - D. C.
W.W.W.
March 18 1872
Chief Officer
Mr. Adams

The Double Louis Leff
Secretary of War
Enclosed I send you the original Certificate granted at the War office U.S. to Daniel Pink by mistake, the name of the applicant is Daniel Pink - and by a reference to the papers in this case you will perceive the error - I desire to request that the certificate be so altered as to grant the pension to Daniel Pink - so that the proper person may be enabled to receive the pension. I have enclosed the Certificate when connected to me at Mayville Brashear County - Kentucky - 1861
Yours &c.
Daniel Pink

30 Dec 1833 Washington H. Revolution Pension J. L. Edw. as.
J. L. Edw. as. Commission of Pensions. Washington D. C. 60.

Cornington Mass County Strictly December 20 th 1835.
I have had Daniel Tuth's declaration annexed which I return to you. He has stated the facts as fully as he is capable, and - now submits his declaration for your final determination. Please return me the form I enclose to you with your final determination in this case. I write the form for the benefit of any future appeal if one should apply.
Yours. Francis T. Wood

— Sink Daniel Declaration for a Pension &c.
L ... ..

David Smith on the 26 th day of September 1832 made his declaration in the Circuit Court in order to obtain the benefit of an act of Congress passed June 7 th 1832 which has been returned to him as objectionable in two points; and he now upon his oath in open Court states that about the first of May 1777 he was sworn in as a spy and served as a spy until the first day of December following as stated in his former declaration making a period of seven months he served as a spy. After he ceased to be a spy he continued in the service as a garrison keeper and ranger from the first of December 1777 until the fall of 1783 a period of nearly six years as stated in his former declaration, making a service of nearly six years and six months in all. He further states that there is no clergyman living in his section of the country that he is acquainted with, or that can be presumed to know him

or his reputation as a spy and soldier of the Revolution, and this led assigns as a reason for not having the affidavits of a clergyman to his declaration. He is poor and in distress and he is in hopes that this amend- ment will make his declaration sufficiently clear and specific to authorize the allowance of his claim Daniel Fink
Kentucky. Louisvirent bant Jct. At a circuit bant continued and held for Lewis bant. On Thursday the 17 th day of October 1833. Daniel Fink produced in open Court an amendment to his Statement and declaration heretofore made for the purpose of obtaining the benefit of the act of Congress passed the 7 th day of June 1832 and in reference to the same in open Court. And proved by the Honorable Walker Reid , Frederick A. Singleton bapty William Mitchell and bapty Thomas Mitchell , that he is a man of credit. Very poor, and is reputed to have been a spy and soldier, of the revolution. And that no minister of the Gospel lives within ten, or twelve miles of his residence, and but one within that distance. And he is lately from the State of Ohio, and not presumed to know the

.. Said Daniel Fink, his reputation or .. services in the Revolution - They do not .. believe that there is any Minister of the .. Gospel in his County that is presumed to .. know anything of character or services, Lewis Circuit Court. Feb.
J. Joseph Robb, Clerk of the Lewis Circuit Court. Do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Daniel Fink; for a pension, on the production of the forego- -ing amended statement & to his original declaration hereto annexed. produced to said Court, and acted on at the present October term of said Circuit Court as appears of Record —
In testimony whereof I have hereunto set my hand and affixed the Seal of Office for said Circuit Court the 17 th day of October in the year 1833.
And in the 42 nd year of the Commonwealth of Kentucky - Joseph Robb, Clerk

David Root for amendment to his declaration Timofey M. and to obtain the benefit of an act of Congress passed June 7 th 1832 comes into Court and states that often he ceased to be a spy about the first of December 1777 he again entered the Service as a Volunteer under Captain George Parker and Lieutenant Timothy Brown On this entering the Service as a Volunteer he was stationed at Breckham's fort where he was continued until about the year 1780 or 1781 when the fort was burnt by the Indians and the balance of the time he was stationed at Blackstone's Shrewsbury and the other forts. On the expiration of one term of Service he would again Volunteer his services; and during the time he was on frequent scouts against the Indians and would be absent three or four days or a week at a time and would return back to the fort. Being in the greater than garrisons and weak and the troops had to be continued at the

get to prevent them being taken by surprise by the Indians. During the time he was employed in no civil pursuit but continued in the service to protect the frontiers.
He was frequently and almost constantly reconnoitering the country in search of Indians and in order to see whether any were in that section of the country, and if any were found that they might not be taken by surprise. He was not recalled to and performed any term of service on which he was absent more than one week at a time from the fort. Subscribed and sworn to the 16 th day of December 1833.
Daniel Fink
State of Kentucky. Lewis County. Set. At a County Court begun and held for Lewis County on and after the 16 th day of December in the year 1833. Daniel Fink of this County this day appeared personally in open Court and produced his original and amended declaration heretofore produced sworn to and certified. The said Fink also produced his second amendment to his declaration in order to obtain the benefit of the act of Congress

paper on the 7 th of June 1832. and made oaths to the said Amendment, in open Court. And the Court do hereby declare their opinion after the investigation of the matter, and after putting the Interrogatories prescribed by the War Department that the above named applicant was a Revolutionary Soldier and Indian Spy &c and served as he states in his original and amended declarations. Which is ordered to be Certified.
A Copy Teste. Joseph Robb Clerk
The Commonwealth of Kentucky, ss. Levis County, ss. I, Joseph Robb, Clerk of the Lewis County Court, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Daniel Fink for a Pension.
In testimony whereof I have hereunto set my hand and affixed the Seal of office for said Court at Clarksville the 16 th day of December A.D. 1833. and in the 42 nd year of the Commonwealth. Joseph Robb, Clerk.